Effective date: 27 Nov, 2024

Welcome to Higher Education Marketing (“HEM”), a company offering digital marketing and recruitment solutions specifically designed for the higher
education sector. By accessing or using the websites and services provided by Higher Education Marketing, including but not limited to
https://www.higher-education-marketing.com and https://www.hemsp.com,
(referred to collectively as “Sites”), as well as any related services, software, or applications (collectively, the “Services”), you agree to comply with and be bound by these Terms of Service (“Terms”). Please carefully read these Terms before using our Sites or Services. If you do not agree to these Terms, you must discontinue use of our Sites and Services.

  1. Acceptance of terms

    These Terms constitute a legally binding agreement between you and Higher Education Marketing. By accessing or using the Sites or Services, you acknowledge that you have read, understood, and agree to these Terms. If you are using the Sites or Services on behalf of an organization or company, you represent that you have the authority to bind that entity to these Terms.

  2. Changes to the terms

    HEM may modify these Terms at any time. Any such modifications will be effective immediately upon posting to the Sites. Your continued use of the Sites or Services after the posting of modified Terms means you accept and agree to the changes. It is your responsibility to review these Terms periodically to stay informed about any updates.

  3. Eligibility

    You must be at least 18 years old or the age of majority in your jurisdiction to use the Sites or Services. By accessing or using the Services, you confirm that you meet this requirement. If you are under 18 but over 13 years of age, you may only use the Services with the consent of a parent or legal guardian, and they agree to these Terms on your behalf. The Sites and Services are not intended for children under the age of 13.

  4. Privacy and data protection

    Use of the Services is subject to our Privacy Policy and Data
    Protection Policy. By using the Services, you consent to the collection and processing of your data as outlined in these policies. HEM processes private data uploaded to the Services solely to provide and improve the Services, in compliance with applicable laws.

  5. Use of the sites and services

    You agree to use the Sites and Services only for lawful purposes and in accordance with these Terms. You are prohibited from:

    • Using the Sites or Services in any way that violates applicable local, national, or international laws or regulations.
    • Attempting to gain unauthorized access to any portion of the Sites, Services, or systems associated with HEM.
    • Using the Sites or Services to transmit any harmful, harassing, defamatory, fraudulent, or otherwise objectionable content.
    • Distributing unsolicited promotional or commercial content, such as “spam.”
    • Impersonating any person or entity, or otherwise misrepresenting your identity or affiliation with a person or entity.
    • Uploading, storing, or transmitting data that is unlawful, infringing, harmful, or contains sensitive information not permitted under these Terms, such as health data or other regulated data requiring specialized compliance measures

  6. Account registration

    Organizational Accounts

    As part of the onboarding process, HEM will create an account for your organization to access and use the Sites and Services (“Organizational
    Account”). Your organization is responsible for providing accurate and complete information during the onboarding process and for maintaining
    and updating this information as necessary. The organization is also responsible for managing access to the Organizational Account, including creating subaccounts, assigning roles, setting permissions, and safeguarding login credentials. HEM is not liable for unauthorized access resulting from your organization’s failure to manage account security effectively.

    End-User Accounts

    Organizations may permit end users, such as prospects, students, or other individuals, to create accounts under their Organizational Account (“End-User Accounts”). By enabling the creation of End-User Accounts, the organization agrees to:

    • Ensure that End-User Accounts comply with these Terms and applicable privacy laws.
    • Be solely responsible for monitoring and managing End-User activity within the Services.
    • Address any disputes, violations, or misuse by End-Users promptly and in good faith.

    HEM reserves the right to suspend or terminate access for any End-User Account that violates these Terms, with or without prior notice to the organization.

    General Responsibilities

    Both organizational and end users are responsible for maintaining the confidentiality of their account credentials. You agree to notify HEM immediately of any unauthorized use of your account or any other security breaches.

  7. Intellectual property

    All intellectual property rights in the Sites and Services, including but not limited to software, design, and content (excluding user-uploaded content), are the exclusive property of
    HEM or its licensors. User-uploaded content, including private data, remains the property of the user, and HEM will only process such data in accordance with these Terms, the Privacy Policy, and applicable laws.

  8. Ownership and retention of data

    Private data

    You retain ownership of all private data uploaded to your account through the Services (e.g., files, business information, or student data). HEM acts as a data processor and processes such
    data solely to deliver, maintain, or improve the Services, in compliance with our Privacy Policy and applicable data protection laws. HEM will delete your private data upon account termination or at your request, except where retention is required by law. If requested, you may retrieve your private data during the applicable retention period prior to its permanent deletion.

    Public-facing content

    You may submit public-facing content (e.g., comments, reviews, or other shared materials) to certain parts of the Services. By submitting such content, you grant HEM a worldwide, non-exclusive,
    royalty-free license to use, reproduce, modify, and display the content solely for the purpose of operating, marketing, or improving the Services. You retain ownership of all public-facing
    content you submit, subject to the limited license granted to HEM as outlined in these Terms.

  9. Third-Party Services

    The Sites and Services may contain links to third-party websites or services that are not owned or controlled by HEM. HEM does not endorse or assume any responsibility for any third-party sites or
    services. If you access a third-party website or service through our Sites or Services, you do so at your own risk, and you agree that HEM will have no liability arising from your use of any
    third-party website or service.

  10. Fees and Payments

    Some of the Services provided by HEM may require payment. You agree to pay any fees associated with your use of the Services in accordance with the pricing and payment terms presented to you at the time of purchase. HEM reserves the right to change its pricing and payment policies at any time, and any changes will be communicated through the Sites or Services.

  11. Disclaimers

    HEM strives to provide uninterrupted and secure access to the Services. However, we do not guarantee that the Services will always be available or free from unauthorized access or breaches. HEM is not liable for disruptions caused by third-party failures, unauthorized tenant activity, or force majeure events.

  12. Limitation of Liability

    To the fullest extent permitted by law, HEM shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of the Sites or Services, including but not limited to loss of revenue, profits, data, or goodwill. This limitation applies whether the damages arise from breach of
    contract, tort (including negligence), or any other legal theory.

  13. Indemnification

    You agree to indemnify, defend, and hold harmless HEM, its affiliates, directors, officers, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or in any way connected with your use of the Sites or Services, violation of these Terms, or infringement by you or any third party using your account of any intellectual property or other right of any person or entity.

  14. Termination

    HEM reserves the right to suspend or terminate your access to the Services at its sole discretion, without prior notice, for violations of these Terms, including the submission of content that infringes intellectual property rights, violates privacy laws, or otherwise breaches these Terms. Upon termination, HEM will delete private data in accordance with its retention policies unless otherwise required by law.

  15. Governing law

    These Terms are governed by and construed in accordance with the laws of the Province of Quebec, Canada, without regard to its conflict of law principles. You agree to submit to the exclusive
    jurisdiction of the courts located in Montreal, Quebec, to resolveany disputes or claims arising from or related to these Terms or your use of the Sites or Services. While these Terms are governed by the laws of the Province of Quebec, Canada, users in other jurisdictions may have additional rights under their local laws.

  16. Dispute resolution

    Before initiating arbitration, the parties agree to attempt resolving disputes informally through mediation or negotiation for at least 30 days. If the dispute remains unresolved, it will be submitted to binding arbitration under the Canadian Arbitration Association in Montreal, Quebec.

  17. Severability

    If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

  18. Entire agreement

    These Terms, along with the Privacy Policy and Data Protection
    Policy constitute the entire agreement between you and HEM regarding your use of the Sites and Services and supersede any prior agreements, understandings, or arrangements between you and HEM.

  19. Contact information

    If you have any questions about these Terms or the Sites and Services, please contact us at: Email: support@higher-education-marketing.com

    Tel: +1 514-312-3968
    Fax: 514-312-8427

    Higher Education Marketing
    6560 Esplanade Ave Suite 204,
    Montreal, Quebec H2V 4L5, Canada